UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Chicago, Illinois 60604

January 27, 2006

Hon. JOEL M. FLAUM, Chief Judge Hon. WILLIAM J. BAUER, Circuit Judge Hon. RICHARD A. POSNER, Circuit Judge

UNITED STATES OF AMERICA, ] ] Appeal from the United Plaintiff-Appellant, ] States District Court for Cross-Appellee, ] the Northern District of ] Illinois, Eastern Division.

Nos. 03-2068 & 04-1377 v. ] ] ] No. 98 CR 946 IVAN EBERHART, ] ] James B. Zagel, Defendant-Appellee. ] Judge.

Cross-Appellant.

ORDER The opinion issued in the above-entitled case on January 10, 2006, is hereby amended as follows: On the first page, first full paragraph, the third line should now read:

21 U.S.C. § 846 and acquitted of distributing cocaine in violation of